Actual Occupation Legal Analysis

Summary

Absence from a property does not automatically negate actual occupation. Cases like link lending v bustard and chhokar v chhokar demonstrate that regular maintenance, visits, and an intention to return can support a claim of continued occupation.

Full Conversation

Is this correct The important issue is whether Oleg is in actual occupation. Although he has been in hospital for nine months, absence does not necessarily preclude occupation, as the decisions in Link Lending v Bustard and Chhokar v Chhokar confirms that actual occupation may persist regardless of absence.
Your statement is correct. The key issue is whether Oleg is in actual occupation, and as established in Link Lending v Bustard and Chhokar v Chhokar, absence alone does not negate occupation. The family’s actions—visiting regularly, maintaining the flat, and collecting post—support a continued intention to occupy.